Eastern District of California • 1:26-cv-07492
(HC) Salomon v. Andrews
Active
Case Information
Filed: September 16, 2026
Assigned to:
Dena M. Coggins
Referred to:
Allison Claire
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
September 23, 2026
Parties:
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Docket Entries
#1
Sep 16, 2026
PETITION for WRIT of HABEAS CORPUS against Tonya Andrews by Frantzso Salomon. (Deputy Clerk DAR) (Entered: 09/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 16, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Frantzso Salomon. (Deputy Clerk DAR) (Entered: 09/17/2026)
Main Document:
In Forma Pauperis
#3
Sep 16, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Frantzso Salomon. (Deputy Clerk DAR) (Entered: 09/17/2026)
Main Document:
Temporary Restraining Order
#4
Sep 16, 2026
MOTION to APPOINT COUNSEL by Frantzso Salomon. (Deputy Clerk DAR) (Entered: 09/17/2026)
Main Document:
Appoint Counsel
#5
Sep 17, 2026
IMMIGRATION NEW CASE DOCUMENTS (Attachments: # 1 Consent Form) (Deputy Clerk DAR) (Entered: 09/17/2026)
Main Document:
Immigration New Case Documents
#6
Sep 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Yu, GOVT for Tonya Andrews (Yu, Jonathan) (Entered: 09/17/2026)
Main Document:
DESIGNATION
#7
Sep 17, 2026
MINUTE ORDER issued by the Courtroom Deputy for District Judge Dena M. Coggins on 9/17/2026: The court has reviewed Petitioner's 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Noncitizens present without admission who are apprehended in the interior of the United States are subject to discretionary detention under 8 U.S.C. § 1226, not mandatory detention under § 1225(b)(2)(A). See Rodriguez Vazquez v. Bostock, 183 F.4th 1160, 1165 (9th Cir. July 30, 2026). Further, this court has previously addressed the legal issues raised by the Petition. See e.g., Selis Tinoco v. Noem, 818 F. Supp. 3d 1141 (E.D. Cal. Dec. 14, 2025); Labrador-Prato v. Noem, 815 F. Supp. 3d 1113 (E.D. Cal. Dec. 2, 2025); D.L.C. v. Wofford, 1:25-cv-01996-DC-JDP, 2026 WL 25511 (E.D. Cal. Jan. 5, 2026). The court is contemplating ruling directly on the 1 Petition, with the understanding that the court will also consider any arguments made and exhibits submitted in support of the Motion for Temporary Restraining Order. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); see also 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); A.R. v. Chestnut, No. 1:26-cv-00551-KES-SAB, 2026 WL 227112, at *1 (E.D. Cal. Jan. 28, 2026) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents shall file an Opposition or Statement of Non-Opposition to the 3 Motion for Temporary Restraining Order by 12:00 PM on 9/21/2026. In their response, Respondents shall substantively address whether there are any factual or legal issues in this case that materially distinguish it from Rodriguez Vazquez, Tinoco, Labrador-Prato, and D.L.C. Petitioner may file a Reply by 10/5/2026. Both parties should address whether they oppose the court ruling directly on the Petition. The matter is not set for a hearing though the court may set one should it later be determined that a hearing is necessary. (Text Only Entry) (Deputy Clerk CRS) (Entered: 09/17/2026)
Sep 17, 2026
SERVICE BY MAIL: Minute Order, filed at Doc. No. 7, served on Frantzso Salomon. (Text Only Entry) (Deputy Clerk CRS)
Sep 17, 2026
Service by Mail
Sep 17, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Frantzso Salomon. (Deputy Clerk DAR)
Sep 17, 2026
Minute Order AND ~Util - Set Motion and F&R Deadlines/Hearings
#8
Sep 20, 2026
OPPOSITION by Respondent Tonya Andrews to 7 Minute Order,,,,,,,,,, Set Motion and F&R Deadlines/Hearings,,,,,,,,, 1 Petition for Writ of Habeas Corpus, 3 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Yu, Jonathan) (Entered: 09/20/2026)
Main Document:
OPPOSITION
#9
Sep 22, 2026
ORDER signed by District Judge Dena M. Coggins on 9/22/2026 GRANTING 1 Petition for Writ of Habeas Corpus and 3 Motion for Temporary Restraining Order. Petitioner Frantzso Salomon (A-209-865-427) shall be RELEASED IMMEDIATELY from Respondents& #039; custody with the same conditions he was subject to immediately prior to his detention in August 2026. Respondents shall RETURN all of Petitioner's documents and possessions upon his release. Within 3 days from the date of entry of this ord er, Respondents shall FILE a notice of compliance. If the government seeks to re-detain Petitioner, it must provide no less than 7 days' notice to Petitioner and must hold a pre-deprivation bond hearing before a neutral arbiter, at which Petitio ner's eligibility for bond must be considered. This order does not address the circumstances in which Respondents may detain Petitioner in the event Petitioner becomes subject to an executable final order of removal and Petitioner receives notice of that final order of removal. 2 Motion to Proceed IFP and 4 Motion to Appoint Counsel are DENIED as MOOT. CASE CLOSED. (cc: ICE-Golden State Annex) (Deputy Clerk HAH)
#10
Sep 22, 2026
Judgment
Main Document:
Judgment
Sep 22, 2026
Service by Mail
#11
Sep 23, 2026
Notice of Compliance
Main Document:
Notice of Compliance
Parties
Andrews
Party
(HC) Salomon
Party